Instructions For Filing I-130 Petitions For Immigrant: Fill & Download for Free

I have taken this straight from the USCIS page because asking these types of questions to the public can be misleading and you really do not want to mess your paper work up as it can delay or even in extreme cases have your access denied.Here is the link FYI good luck ! Bringing Spouses to Live in the United States as Permanent ResidentsBringing Spouses to Live in the United States as Permanent ResidentsFile Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.Outside the United StatesFile Form I-130, Petition for Alien Relative.When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.Green card holder (Permanent resident)Inside the United States (through lawful admission or parole)File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.Outside the United StatesFile Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.How to Bring your Spouse to the United StatesYou are a:Your spouse is:Inside the United States (through lawful admission or parole)File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.Outside the United StatesFile Form I-130, Petition for Alien Relative.When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.Green card holder (Permanent resident)Inside the United States (through lawful admission or parole)File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.Outside the United StatesFile Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Military” section of our website.Required DocumentationTo complete the process, the petitioner must submit:Form I-130 (signed with proper fee), with all required documentation, including:Two completed and signed G-325A forms (one for you and one for your spouse)A copy of your civil marriage certificateA copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminatedPassport style photos of you and your spouse (see Form I-130 instructions for photo requirements)Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)If you are a U.S. citizen, you must demonstrate your status with:A copy of your valid U.S. passport ORA copy of your U.S. birth certificate ORA copy of Consular Report of Birth Abroad ORA copy of your naturalization certificate ORA copy of your certificate of citizenshipIf you are a green card holder (permanent resident), you must demonstrate your status with:A copy (front and back) of Form I-551 (green card) ORA copy of your foreign passport bearing a stamp showing temporary evidence of permanent residenceConditional Residence and Removing ConditionsIf you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. For more information, see the “Remove Conditions on Permanent Residence Based on Marriage” page.Case StatusTo check the status of your visa petition, see the “My Case Status” page.Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” page.If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the “V Nonimmigrant Visas” page.For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the corresponding link to the right.My Petition was Denied: Can I Appeal?If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the “How Do I Customer Guides”.Following-to-Join BenefitsThis section is for beneficiaries who became permanent residents through a preference classification.If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.Your children may be eligible for following-to-join benefits if:The relationship existed at the time you became a permanent resident and still exists, ANDYou received an immigrant visa or adjusted status in a preference category.If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:Form I-824, Application for Action on an Approved Application or PetitionA copy of the original application or petition that you used to apply for immigrant statusA copy of Form I-797, Notice of Action, for the original application or petitionA copy of your Form I-551 (green card)If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to [email protected] or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

Hope this helps -Step 1: File a petition with the USCIS on behalf of your FiancéYou, the US citizen, must file the Petition for Alien fiancé (Form I-129F) with your local U.S. Citizenship and Immigration Services (USCIS) office. Click here to see the additional documents you need to file the petition.Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.Tips: Instead of waiting in long lines at the USCIS field office make an appointment online at USCIS Website.Step 2: The Fiancé's obtains a visa at a US consulate at his/her home countryAfter the USCIS approves the petition, it sends the petition to the embassy or consulate where your fiancé will apply for a K-1 non-immigrant visa. Once approved he/she will get a visa stamped on their passport and will be ready to come to the United States. Click here to see the required documents your fiancé will need while applying for the visa at a US consulate in his/her home country.Download the Checklist for Form I-129F (Alien Fiancé/K-1): Download I-129F ChecklistWhat Happens and What to Do After Getting the Fiancé Visa?Once you've received the K-1 Visa successfully you are ready to enter the United States. Following are some important information and steps for you and your fiancé to follow through on after entering the United States.Step 3: Entering into the United StatesAfter getting the fiancé visa, your fiancé enters the United States through a U.S. immigration port-of-entry. The U.S. immigration official gives your fiancé instructions on what to do at the the port of entry.Step 4: Get Social Security NumberYour fiancé can apply for a social security number card. There are many advantages of having a social security number card the sooner the better.A permanent resident of the United States needs a Social Security number to:Work in the United StatesConduct business with a bank or financial institutionPay taxes or to be claimed on a tax returnAnd for other purposes not listed.Refer to the Social Security Website for further instructionsStep 5: Get MarriedAs per the Condition of the K-1 Visa you and your fiancé must get married within 90 days of his/her arrival.Step 6: Apply for Permanent Residency (Green Card) by Filing Adjustment of Status (AOS/I-485)If your spouse plans to work and stay in the US, after marriage, he/she must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).File the following 2 forms at nearest USCIS Field Office:Download Form I-485 - Application To Register Permanent Residence or Adjust StatusDownload Form I-864 - Affidavit of SupportStep 7: Remove Conditions on Permanent Status for Your New SpouseThe permanent residence you have received through this marriage is conditional, which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.Find Out More On Petition to Remove the Conditions on ResidenceDownload I-751 Form - Petition to Remove the Conditions on ResidenceRequired Documents of the Sponsor for K-1 PetitionDocuments Required of the United States citizen who is petitioning his/her fiance to come and live in the U.S. The following needs to be provided at the USCIS field office when filing for petition.Form I-129F Petition for Alien FianceIf your fiance has unmarried children who are under 21, they are eligible to accompany your fiance, but only if they are listed on this form.Evidence of Your U.S. CitizenshipYour original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)2 G-325A Forms Biographic Data SheetsCompleted and signed G-325A Forms, one with your information and one with your fiance's.Color Photos of You and Your FianceOne color photo of you and one of your fiance taken within 30 days of filing>>Find out more about photograph specificationsPrior Marriage Nullification DocumentsA copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married.Permission to MarryProof of permission to marry if you or your fiance are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)Required Documents For K-1 Visa ApplicationThe following documents should be provided by your fiancé to the US consulate in his/her home country while applying for the K-1 Visa.A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.Valid Birth certificateIf applicable, divorce or death certificate of any previous spouse for both the applicant and the petitionerPolice certificate from all places lived since age 16Medical examination (vaccinations are optional, see below)Evidence of financial support - Form I-134 Affidavit of Support may be requested. (Should be sent by American sponsor.)Two Non-immigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)One Non-immigrant FiancéVisa Application, Form DS-156KTwo nonimmigrant visa photos(each two inches 50 X 50 mm square, showing full face, against a light background)Evidence of a fiance relationship - i.e. photos of engagement.Payment of feesThe consular section at the embassy or consulate where you, the fiancé of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination.Note: The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.Tips: Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.Where Should I File the Petition?If you are filing for your fiancé, file this petition at the Service Center with jurisdiction over your area of residence.If you are filing for your fiancé and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.If you are a U.S. citizen, and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:U.S. Citizenship and Immigration ServicesP.O. Box 7218Chicago, IL 60680-7218Find out more about the LIFE Act >> Find a USCIS Office next to youVaccination RequirementsAll applicants for immigrant visas are required to have the following vaccinations (if appropriate for age, medical condition, or medical history):MumpsMeaslesRubellaPolioTetanus and diptheria toxoidsPertussisInfluenza type BHepatitis BVaricellaPneumococcalNote: As a fiancé you are not required to fulfill this requirement at the time of your medical examination for a fiance visa. However, you may want to do so. These vaccinations are required when you adjust status to permanent residence following your marriage.Extending the PetitionThe Form I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.What if my visa is denied? How can I appeal?If your petition for a fiancé visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)Fees - How much will it cost?Fees are charged for the following services:Filing an Alien Fiance Petition, Form I-129F - $535USDFiling I-130 - $535USDMedical examination (costs vary from post to post)Fingerprinting fees (if required)Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.).Filing Form I-485 Application to Register Permanent Residence or to Adjust Status$1,140 plus $85 biometric fee for a total of $1,225 if you are 14 years of age or older. If you are under 14 years of age, and are filing with the I-485 application of at least one parent have a fee total of $750; if not filing with the I-485 application of at least one parent have a fee total of $1,140. If you are 79 years of age or older, the fee is $1,140 with no biometrics services fee.If applicable, $595USD plus $85 for Biometrics for Petition to Remove the Conditions on Residence

Steps to Bringing your Fiancé to the US through the K-1 VisaStep 1: File a petition with the USCIS on behalf of your FiancéYou, the US citizen, must file the Petition for Alien Fiancé (Form I-129F) with your local U.S. Citizenship and Immigration Services (USCIS) office.Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.Step 2: The fiancés obtain a visa at a US consulate at his/her home countryAfter the USCIS approves the petition, it sends the petition to the embassy or consulate where your fiancé will apply for a K-1 non-immigrant visa. Once approved he/she will get a visa stamped on their passport and will be ready to come to the United States.Step 3: Entering the United StatesAfter getting the fiancé visa, your fiancé enters the United States through a U.S. immigration port-of-entry. The U.S. immigration official gives your fiancé instructions on what to do at the port of entry.Step 4: Get Social Security NumberYour fiancé can apply for a social security number card. There are many advantages of having a social security number card the sooner the better.A permanent resident of the United States needs a Social Security number to:Work in the United StatesConduct business with a bank or financial institutionPay taxes or to be claimed on a tax returnAnd for other purposes not listed.Step 5: Get MarriedAs per the Condition of the K-1 Visa you and your fiancé must get married within 90 days of his/her arrival.Step 6: Apply for Permanent Residency (Green Card) by Filing Adjustment of Status (AOS/I-485)If your spouse plans to work and stay in the US, after marriage, he/she must file Form I-485 Application to register as a permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).Step 7: Remove Conditions on Permanent Status for Your New SpouseThe permanent residence you have received through this marriage is conditional, which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.Required Documents of the Sponsor for K-1 PetitionDocuments Required of the United States citizen who is petitioning his/her fiance to come and live in the U.S. The following needs to be provided at the USCIS field office when filing for a petition.Form I-129F Petition for Alien FianceIf your fiance has unmarried children who are under 21, they are eligible to accompany your fiance, but only if they are listed on this form.Evidence of Your U.S. CitizenshipYour original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)2 G-325A Forms Biographic Data SheetsCompleted and signed G-325A Forms, one with your information and one with your fiance's.Colour Photos of You and Your FianceOne colour photo of you and one of your fiance taken within 30 days of filingPrior Marriage Nullification DocumentsA copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married.Permission to MarryProof of permission to marry if you or your fiance are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)Required Documents For K-1 Visa ApplicationThe following documents should be provided by your fiancé to the US consulate in his/her home country while applying for the K-1 Visa.A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.Valid Birth certificateIf applicable, divorce or death certificate of any previous spouse for both the applicant and the petitionerPolice certificate from all places lived since age 16Medical examination (vaccinations are optional, see below)Evidence of financial support - Form I-134 Affidavit of Support may be requested. (Should be sent by American sponsor.)Two Non-immigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)One Non-immigrant FiancéVisa Application, Form DS-156KTwo nonimmigrant visa photos(every two inches 50 X 50 mm square, showing full face, against a light background)Evidence of a fiance relationship - i.e. photos of engagement.Payment of feesThe consular section at the embassy or consulate where you, the fiancé of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfil to complete your visa application, such as where you need to go for the required medical examination.Note: The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.Tips: Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.Where Should I File the Petition?If you are filing for your fiancé, file this petition at the Service Center with jurisdiction over your area of residence.If you are filing for your fiancé and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.If you are a U.S. citizen and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:U.S. Citizenship and Immigration ServicesP.O. Box 7218Chicago, IL 60680-7218Vaccination RequirementsAll applicants for immigrant visas are required to have the following vaccinations (if appropriate for age, medical condition, or medical history):MumpsMeaslesRubellaPolioTetanus and diphtheria toxoidsPertussisInfluenza type BHepatitis BVaricellaPneumococcalNote: As a fiancé, you are not required to fulfil this requirement at the time of your medical examination for a fiance visa. However, you may want to do so. These vaccinations are required when you adjust status to a permanent residence following your marriage.Fees - How much will it cost?Fees are charged for the following services:Filing an Alien Fiance Petition, Form I-129F - $535USDFiling I-130 - $535USDMedical examination (costs vary from post to post)Fingerprinting fees (if required)Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.).Filing Form I-485 Application to Register Permanent Residence or to Adjust Status$1,140 plus $85 biometric fee for a total of $1,225 if you are 14 years of age or older. If you are under 14 years of age and are filing with the I-485 application of at least one parent have a fee total of $750; if not filing with the I-485 application of at least one parent have a fee total of $1,140. If you are 79 years of age or older, the fee is $1,140 with no biometrics services fee.If applicable, $595USD plus $85 for Biometrics for Petition to Remove the Conditions on Residence